Tahegga Primananda Alfath S.H., M.H.
Faculty of Law of the University Narotama Surabaya, Indonesia
tahegga.primananda@narotama.ac.id
Bustomi Arifin, S.S., M.A.
ASEAN Study Center of the University Narotama Surabaya, Indonesia
bustomi.arifin@narotama.ac.id
Abstract
Reclamation of the Small Island and coastal area in numerous places nowadays are justified as a gateway to improve capital investment coupled with regional revenue. Approval concerning reclamation seems easy to be achieved since State or Regional Owned Enterprises (BUMN/BUMD) and private enterprises can be appointed by the government as partner to become project implementer. Legalization of the reclamation projects by the government are based on the sea conservation, investment of small islands coupled with coastal area, and development of seaside residential. Meanwhile, the reclamation projects are connected directly with people mainly fisherman who dwell nearby the small island coupled with coastal area. Privatization and capitalization of marine resources through reclamation of the Small Island and coastal area stimulate the loss of livelihood access for people who live in the Small Island and coastal area in which it can be regarded as infringement of human rights.
Government as the maintainer of marine resources also need to concern about public interest instead of achieving large investment. The government obliges to provide and protect the constitutional and human rights. The present study tries to elaborate two legal issues concerning reclamation. First is about the obligation of the government in providing and protecting the rights of people who stay nearby the Small Island coupled with coastal area. Last but not the least is concerning Regulation No 1, 2014 about amendment of the Constitution No 27, 2007 in providing coupled with protecting the rights livelihood access for people who live nearby the Small Island and coastal area.
The present study uses statue approach and conceptual approach to examine legal issues concerning livelihood access rights of people who live nearby the Small Island and coastal area in related to reclamation.
Keywords: Human Rights Protection, Livelihood Access, Reclamation